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EAD/AP E-filed on July 1 2008. Sent docs 7/4/2008 Received receipts on 7/4/2008 Waiting for FP notice.

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raysaikat

07-19 10:20 PM

B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.

There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).

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mallu

11-29 11:59 PM

I thought the same but they need to get out of the queue before you and I can get our turn :) .. Good for them finally ...

In the longer run I guess it makes predicitions easy :).

One thing , did any other reputed site report this news ?

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natrajs

07-14 12:13 PM

"Long Journey. Finally GC by J2GC Hi Guys, After a long journey of more than Sixteen years in this country, I finally received my GC. In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved. Applied for EB1 and NIW in July 2008. My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS. Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003. During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago. The main problems were: Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month) Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective. Could not go to certain occasions, like death of very close family members, weddings etc. However, I kept my cool and prayed and got lot of support from Immigration voice. As a small token of appreciation, I am donating $500 .(and will keep on supporting) We all are going to get GC, some sooner some later. Just keep on doing you job. Thanks you all for all the information and support. J2GC (J-1 visa to GC)"

I completely empathize with you, salcom3. My daughter is in similar boat.

Apart from what IV might do, each of us should write immediately to as many Senators and House Members as possible with our own story, pointing out the unfair treatment of those who are trying to play by the rules.

I totally agree with you akgind. Here is my daughter's case: 1994 she was 8 years old when we brought her to USA 2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly) 2002 after one month we came back, with H-1 visa, daughter with H-4 2003 I applied for LC 2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age. 2007 LC approved, she is still F-1 and paying a lot of money in tuition.

I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.

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Shirdibaba

11-04 05:59 PM

hello NrK, I was waiting to hear back frm u. Is the agent id matches yours and others? How quick did u get the Appointment wt Infopass? I still am waiting to hear back from our lawyer.Its taking for ever and we r worried.

I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

I got a mail just now, with the following text in it.

"The status of your request is

Your case is on hold because your appear to be inadmissible under the current law

Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

Such an exercise of the exemption authority might allow us to approve the case."

What does this mean, any one has some idea about it.

This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?

Even with enormously difficult to pass legislation on healthcare and climate change topping the Obama administration?s agenda, Senate Majority Leader Harry Reid believes he can still muscle through a bill to overhaul U.S. immigration policies later this year.

President Barack Obama has said he wanted immigration reform done this year, although his own spokesman acknowledged on Monday that they may only be able to begin the debate on the issue. ?I can see the president?s desire for it to happen, but understanding that ? currently where we sit, the math makes that more difficult than the discussion,? said White House spokesman Robert Gibbs.

But that hasn?t stopped Reid, who caught a lot of people off guard a few weeks ago when he predicted the Senate would act this year.

?I?ve said right here that we have to finish healthcare. We have to do energy before we get to immigration reform. But being third on the list is pretty good,? Reid told reporters on Tuesday. He denied that rising unemployment, expected to top 10 percent amid a deep recession, would slow reform efforts.

?What is impacting doing comprehensive immigration reform is getting floor time to do it. I think the votes are there to do it,? he said.

On Thursday, Obama will host a closed-door meeting with key lawmakers to discuss the issue and Democratic Senator Charles Schumer, chairman of the Senate Immigration Subcommittee, plans on Wednesday to outline his principles for legislation he will offer

I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b. Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it! There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don?t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required! These bodyshops consultant are just bad for everyone- for deserving students, schools and industries. So I think bodyshops consultant should not be allowed to apply for h1-b at least.

You have nailed it! And it is most prevalent not at the big schools, but rather unnamed "teaching" schools. Absolutely rotten students join M.S. of these universities in hordes, and don't care/able to study. Works in gas pumps and grocery stores to pay for their bills/tuitions, in violation of F-1 regulations. And then get "H1-b" through these body-shoppers.

At the risk of repeating myself, I will say again: just one regulation preventing software consultancies (read: body-shoppers) will remove almost all woes against H1-B program and have a very positive effect on the GC queue in the next decade.

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Angelina Jolie#39;s, right,

sunny1000

02-08 05:28 PM

I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.

Please send the letter to WH if not already. As lasantha said, filing for I-485 when PD is not current is something IV is taking up with the administration. But, we need to get more letters to support our argument that this systemic dysfunction at USCIS is widespread and is affecting tens of thousands of people and not just a mere 1200 (that is the letters total so far and 10% of that comes from needhelp's efforts:))

Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?

My PERM was filed on 30th March, approved on Aug 11th, received approval copy on 18th Aug, and I-140 to be filed this week.

There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.

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mbartosik

08-21 01:03 PM

My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.

Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.

You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.

Find out if same employer & attorney did same to anyone else.

If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).

If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.

You must be with someone else and own attorney before you do anything.

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sanju

09-09 12:11 PM

On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial? Thanks Rahul

This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".

But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.

I met Mr. Murali in a seminar arranged by IAFPE in Raleigh, NC. (I had some role in arranging the event.) He gave me his business card in the event and we shook hands. After a few months Raleigh News and Observer reporter Karen Reeves contacted Mr. Murali for a story on EB immigration problems and he directed this reporter to me through IAFPE. And then I directed Karen to IV. More than one year passed after this event and I changed employer. I was not sure about the letter that I had written to USCIS about employer change and I called Murali's office and got his appointment. This was after the fact of changing employers. Murali went through the documents and told me not to worry and I most probably would recieve an RFE. That I did. He did not charge me a penny. Then in last one year I really went through trauma of two RFEs and complete insensitivity and arrogance of my company's lawyer. I wrote e-mail to Murali three times in last one year and everytime he got back to me in one business day. All this at no charge at all. I owe Murali a lot for his moral support and legal advice to me from time to time.

akhilmahajan

08-27 10:02 PM

Do we have to attach photographs when we e-file for AP ?

For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.

Please make sure you write your name and Alien Number (A#) on the back of the photographs.